The Indiana Court of Appeals has reversed a man's conviction for maintaining a common nuisance, because the State failed to prove that he used his car to facilitate dealing in marijuana. The Court ruled that the statute defining the charge of maintaining a common nuisance was not intended to apply to a person who has personal use quantities of a controlled substance in his pocket or even loose in the car. Maintaining a common nuisance is one of the most overcharged and abused criminal allegations in the State of Indiana. It is often used by prosecutors to turn misdemeanor possession of marijuana cases into felony charges. If you are charged with maintaining a common nuisance, it is critical to obtain the assistance of an experienced trial lawyer.
Maintaining a common nuisance is a Class D felony in Indiana and carries a penalty of 6 months to 3 years in prison. Possession of marijuana under 30 grams is a Class A misdemeanor and carries a penalty of 0 to 365 days in jail. The crime of maintaining a common nuisance requires the State to prove that a person maintained a building or car that is used by persons to use illegal drugs or for unlawfully manufacturing, keeping, selling, or financing controlled substances or drug paraphernalia. Prosecutors often charge people, who are arrested in a vehicle with marijuana or drug paraphernalia, with maintaining a common nuisance, which elevates a Class A misdemeanor possession of marijuana to a Class D felony maintaining a common nuisance. The prosecutor then argues that the defendant was "keeping" the illegal drugs in a vehicle. The Court of Appeals has now ruled that such an allegation, unsupported by evidence of dealing or manufacturing of drugs, is insufficient to prove the charge of maintaining a common nuisance.
In the case referred to above, a man was pulled over for a traffic stop. He had been drinking and the police officer initiated a drunken driving (DUI) investigation. The defendant admitted to having marijuana and a pipe in his pocket. The man went to trial and was convicted of maintaining a common nuisance. The Indiana Court of Appeals reversed his conviction, because the amount of marijuana was consistent with personal use and there was no evidence that he used his car to manufacture, sell, or deliver marijuana.
If you are investigated, or arrested, on any drug related charge, it is critically important that you exercise your right to an attorney and your right to remain silent. In reaction to this case, police may attempt to interrogate people found in vehicles with small amounts of marijuana, and try to get them to confess that their vehicle was used for dealing or consuming drugs. A coerced statement could change a misdemeanor possession of marijuana charge into a Class D felony charge of maintaining a common nuisance. Passengers should also be careful. If drugs are present in a vehicle, the passengers could be charged with visiting a common nuisance. If you are charged with a crime, you should always hire an experienced criminal attorney immediately. Your first defense is to exercise your right to remain silent and obtain a criminal attorney.
that messed up i hope that someone can get this overturned cause this charge is ruining people life just like it did to mine
Dear Sir:
My daughter is charged with maintaining a common nuisance. She is a resident of Beaverton, MI. She went to marry her child's father in Wabash, Indiana, both to return to Beaverton, MI after the wedding to start a family with our help and support. She has had her child taken away because she was smoking pot in a makeshift garage apartment at Mr James Miller's residence in Wabash. The police put my daughter under arrest as she pulled into the driveway, forced her to kneel handcuffed, while some young and inexperienced police officers interrogated her for hours at the place of arrest. Waiting to find a foster parent without contacting us. We were talking on the phone with Evita Miller and asking her to let us talk to the arresting officers. She said the officers didn't want to speak to her parents which I find (grossly cruel and negligent) if true on their part, if false on Mrs Miller's part. We have an active CPS case on my daughter right here and we want to get our grandchild back. The clerk of superior court told me the baby was in foster care because no on claimed him. We were refused a repoire and the right to claim him at our daughter's pleading and behest. He is two months old and his mother turned eighteen years in January this year. We feel the judge setting a nine thousand dollar bond is outrageous and the police's behavior comparable to questioning in Guantanamo, where I also have been in service to our Country. She is a stupid teenager but a good mother. Her child is in perfect health and growing well, we know this because when she moved in we took her child to a pediatrician. Healthy white two month old baby boys are rare these days and we feel there is malfeasance involved. Her public attorney, Mr. Al Zimmerman says she has a thick file so I think they must be including her juvenile history. She has misbehaved a lot, but she is no felon. She has been fighting bi-polar disorder since infancy. She smokes marijuana because it calms and evens her emotions out, the ups and downs and provides relief from the racing battles in her mind. I am sorry, but it is now legal to treat certain illness' in MI with hemp, I hope for her health Bi-Polar chemical imbalance is one of them. I also heard the marijuana was not even found in her car but in the garage/apt. I feel it is a trumped up charge to steal my daughter's child and car. Sincerely yours, Sam A Sapienza.
We are low income social security retirees and would like to get on a payment plan to support an attorney while she is defended. My credibility is provably very respectable. I am a disabled Veteran, ex-Merchant Marine Officer who supported American military efforts in several wars, campaigns, and interdiction. I have medals and credentials to prove it. I supported American efforts in Desert Storm, Desert Shield, Desert Sortie in the Red Sea, and Jedda, Saudia Arabia,while an active duty Navel Reservist. The war on drugs in Panamanian and Colombian waters, Anti submarine warfare in the North Atlantic, etc... And support in the Indian Ocean for star wars nuclear defenses.
Please do not let these courts abuse her because of her naivete and teenage foolishness? My phone number is 989-486-4611.
Sam --
I have a lot of experience in these matters and would be glad to help. When was your daughter's Initial Hearing? Maintaining a Common Nuisance is a Class D Felony. If she has not been on probation for a Class D Felony in the past 3 years, she would be eligible to have the case resolved as a Class A misdemeanor.
To give you more specific advice, I would need to see the Affidavit of Probable Cause and all Discovery (which would include the police reports, witness statements, and any other evidence). It is my experience that it is crucial in these cases to aggressively prepare the case for trial, whether the case will actually proceed to trial or not. High level preparation early in a criminal case will help obtain a more favorable result.
If retained, I will immediately enter my Appearance, obtain the Discovery, and meet with her. You mentioned a high bond, is she still in jail? If so, I would file a Motion to Reduce Bond and meet with her in the jail. If you are interested in discuss the case further, please call me at 765-742-8440. I look forward to hearing from you.
Brett Gibson